Santa Barbara — CR-134

Source: https://www.courts.ca.gov/documents/cr134.pdf

Clerk stamps date here when form is filed. Notice Regarding Record on Appeal CR-134 (Misdemeanor)

Instructions • This form is only for giving the court notice about the record on appeal in a misdemeanor case.

• Before you fill out this form, read Information on Appeal Procedures for Misdemeanors (form CR-131-INFO) to know your rights and responsibilities. You can get form CR-131-INFO at any courthouse or county law library or online at www.courts.ca.gov/forms. You fill in the name and street address of the court that issued the judgment or order you are appealing: • This form can be filed with your notice of appeal. If it is not filed with your Superior Court of California, County of notice of appeal, this form must be filed within either:

(1) 20 days after you file your notice of appeal, or, if it is later

(2) 10 days after the court appoints a lawyer to represent you on appeal (if you file a request for a court-appointed lawyer within 20 days after you file your notice of appeal). You fill in the number and name of the trial court case in which you are appealing the judgment or order: • Fill out this form and make a copy of the completed form for your records. Trial Court Case Number:

• Take or mail the completed form to the clerk’s office for the same trial court where you filed your notice of appeal. It is a good idea to take or mail an Trial Court Case Name: extra copy to the clerk and ask the clerk to stamp it to show that the original has been filed. You fill in the appellate division case number (if you know it): 1 Your Information Appellate Division Case Number: a. Name of appellant (the party who is filing this appeal): Name: b. Appellant’s contact information (required): Street address: Street City State Zip Mailing address (if different): Street City State Zip Phone: E-mail:

c. Appellant’s lawyer in the trial court proceedings:
The lawyer filling out this form is is not representing the appellant in this appeal.
Name: State Bar number:
Street address:
Street City State Zip
Mailing address (if different):
Street City State Zip
Phone: E-mail:
Fax:

Judicial Council of California, www.courts.ca.gov CR-134, Page 1 of 4Revised January 1, 2020, Optional Form Notice Regarding Record on Appeal Cal. Rules of Court, rules 8.831, 8.860 (Misdemeanor)

Trial Court Case Number: Trial Court Case Name:

Information About Your Appeal

2 On (fill in the date): I/my client filed a notice of appeal in the trial court case identified in the box on page 1 of this form.

Your Choices About the Record on Appeal Stipulation for Limited Record 3 The respondent and I/my client have agreed (“stipulated”) under rule 8.860 that parts of the normal record on appeal are not required for proper determination of this appeal. A copy of our stipulation identifying those parts of the record that are not required is attached. Record of Oral Proceedings You do not have to provide the appellate division with a record of what was said in the trial court (this is called a record of the “oral proceedings”). But, if you do not, the appellate division will not be able to consider what was said during the trial court proceedings in deciding whether a legal error was made in those proceedings. 4 I elect (choose)/My client elects to proceed (check a or b): a. WITHOUT a record of the oral proceedings in the trial court (skip item 5 ; sign and date this form). I understand that if I proceed without a record of the oral proceedings, the appellate division will not be able to consider what was said in the trial court during those proceedings in deciding whether a legal error was made. (Write initials here):

b. WITH a record of the oral proceedings in the trial court (complete item 5 below). I understand that if I elect
(choose) to proceed WITH a record of the oral proceeding in the trial court, I have to choose the record I
want to use and take the actions described below to make sure this record is provided to the appellate
division. I understand that if I do not take the actions described below and the appellate division does not
receive this record, I am not likely to succeed in my appeal.
(Write initials here):

Revised January 1, 2020 Page 2 of 4 Notice Regarding Record on Appeal CR-134, (Misdemeanor)

Trial Court Case Number: Trial Court Case Name:

5 I want to use the following record of what was said in the trial court proceedings in my case (check and complete only one — a, b, c, or d): a. Reporter’s Transcript. This option is available only if there was a court reporter in the trial court who made a record of what was said in court. Check with the trial court to see if there was a court reporter in your case before choosing this option. Some courts also have local rules that establish procedures for determining whether only a portion of a reporter’s transcript or a different form of the record will be sufficient for an effective appeal. Check with the trial court to see if it has such a local rule. (Check and complete (1), (2) or (3).) (1) Within 10 days of when I receive the court reporter's estimate of the cost of this transcript, I will file a certified transcript of all the proceedings required by rule 8.865 that complies with rule 8.144. (2) I will pay the trial court clerk’s office for the reporter’s transcript myself within 10 days of when I receive the court reporter’s estimate of the costs of this transcript. Alternatively, I will pay the reporter directly and file with the trial court a written waiver of deposit signed by the reporter. I understand that if I do not pay for this transcript, it will not be prepared and provided to the appellate division. (3) I am asking that the reporter’s transcript be prepared at no cost to me because I cannot afford to pay this cost. (a) I was represented by the public defender or another court-appointed lawyer in the trial court proceedings in this case. (b) I was not represented by the public defender or another court-appointed lawyer in the trial court proceedings in this case, but I have completed and attached Defendant’s Financial Statement on Eligibility for Appointment of Counsel and Reimbursement and Record on Appeal at Public Expense (form CR-105). (You can get form CR-105 at any courthouse or county law library or online at www.courts.ca.gov/forms. The court will review this form to decide if you are eligible for a reporter’s transcript at no cost to you.) OR b. Transcript From Official Electronic Recording. This option is available only if an official electronic recording was made of what was said in the trial court. Check with the trial court to see if an official electronic recording was made in your case before choosing this option. Some courts also have local rules that establish procedures for determining whether only a portion of a transcript or a different form of the record will be sufficient for an effective appeal. Check with the trial court to see if it has such a local rule. (Check and complete (1) or (2).) (1) I will pay the trial court clerk’s office for this transcript myself. I understand that if I do not pay for this transcript, it will not be prepared and provided to the appellate division. (2) I am asking that this transcript be provided at no cost to me because I cannot afford to pay this cost. (a) I was represented by the public defender or another court-appointed lawyer in the trial court proceedings in this case. (b) I was not represented by the public defender or another court-appointed lawyer in the trial court proceedings in this case, but I have completed and attached Defendant’s Financial Statement on Eligibility for Appointment of Counsel and Reimbursement and Record on Appeal at Public Expense (form CR-105). (You can get form CR-105 at any courthouse or county law library or online at www.courts.ca.gov/forms. The court will review this form to decide if you are eligible for a transcript at no cost to you.)

Revised January 1, 2020 Notice Regarding Record on Appeal CR-134, Page 3 of 4 (Misdemeanor)

Trial Court Case Number: Trial Court Case Name:

5 (continued) OR c. Copy of Official Electronic Recording. This option is available only if an official electronic recording was made of what was said in the trial court, the court has a local rule for the appellate division permitting the use of the official electronic recording itself as the record of the court proceedings, and you and the respondent (the prosecuting agency) have agreed (stipulated) that you want to use the recording itself as the record of what was said in your case. Check with the trial court to see if an official electronic recording was made in your case before choosing this option. You must attach a copy of your agreement (stipulation) with the respondent to this notice. (Check and complete (1) or (2).)

(1) I will pay the trial court clerk’s office for this official electronic recording myself. I understand that if I
do not pay for this recording, it will not be prepared and provided to the appellate division.

(2) I am asking that this official electronic recording be provided at no cost to me because I cannot afford to
pay this cost.
(a) I was represented by the public defender or another court-appointed lawyer in the trial court
proceedings in this case.
(b) I was not represented by the public defender or another court-appointed lawyer in the trial court
proceedings in this case, but I have completed and attached Defendant’s Financial Statement on
Eligibility for Appointment of Counsel and Reimbursement and Record on Appeal at Public Expense
(form CR-105). (You can get form CR-105 at any courthouse or county law library or online at
www.courts.ca.gov/forms. The court will review this form to decide if you are eligible for a copy of
the official electronic recording at no cost to you.)
OR
d. Statement on Appeal. A statement on appeal is a summary of the trial court proceedings approved by the
trial court. See form CR-131-INFO for information about preparing a proposed statement. (Check and
complete (1) or (2).)

(1) I have attached my proposed statement on appeal to this notice. (If you are not represented by a lawyer
in this appeal, you must use Proposed Statement on Appeal (Misdemeanor) (form CR-135) to prepare
and file this proposed statement. You can get form CR-135 at any courthouse or county law library or
online at www.courts.ca.gov/forms.)
(2) I have NOT attached my proposed statement on appeal to this notice. I understand that I must serve and
file this proposed statement in the trial court within 20 days of the date I file this notice. I understand
that if I do not serve and file the proposed statement on time, and if I am represented by a court-
appointed lawyer, the court may appoint a new lawyer. If I represent myself or hire a lawyer to represent
me, and I do not serve and file the proposed statement on time, the court may dismiss my appeal.

Date:

Type or print your name Signature of appellant or attorney

Revised January 1, 2020 Notice Regarding Record on Appeal CR-134, Page 4 of 4 (Misdemeanor) For your protection and privacy, please press the Clear This Form button after you have printed the form. Print this form Save this form Clear this form